Vehicle Code 13558 is the statute that gives you the right to challenge the DMV's Administrative Per Se license suspension. It is the single most time-sensitive right after a DUI arrest, because the deadline to use it is only 10 days.
The 10-day deadline
You have 10 calendar days from the date of arrest to request the hearing. Requesting it in time does two things: it stays the suspension so you can keep driving while the matter is pending, and it preserves your chance to defeat the suspension entirely. Miss the deadline and the suspension takes effect automatically, usually 30 days after the arrest.
What the hearing decides
The hearing is a separate proceeding from the criminal case, run by a DMV hearing officer, and it addresses three narrow questions: whether the officer had reasonable cause to believe you were driving under the influence, whether you were lawfully arrested, and whether your blood alcohol level was 0.08 percent or more (or whether you refused). Win on any one of these and the suspension is set aside.
How these hearings are won
Because the issues are narrow, the defense is focused: attacking the reasonable cause for the stop, the lawfulness of the arrest, the observation period and testing procedure, and the reliability of the chemical result. Subpoenaing the officer and the records, and cross-examining on the procedure, is standard work. Your attorney can appear and handle the hearing for you.
Where to start
The clock is the most important thing. Use the DMV hearing deadline calculator, get a free written case analysis below, or call me directly. See also how to prepare for the DMV hearing.